| Project/Area Number |
24830091
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| Research Category |
Grant-in-Aid for Research Activity Start-up
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | Tokyo Keizai University (2013)
Waseda University (2012) |
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Principal Investigator |
KOGA AYAKO 東京経済大学, 現代法学部, 専任講師 (10633472)
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| Project Period (FY) |
2012-08-31 – 2014-03-31
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| Project Status |
Completed (Fiscal Year 2013)
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| Budget Amount *help |
¥2,340,000 (Direct Cost: ¥1,800,000、Indirect Cost: ¥540,000)
Fiscal Year 2013: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2012: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
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| Keywords | 家族法 / 養子法 / 親権法 / 継親子関係 / 離婚後の子の監護法制 / 子の居所 / 英国法 / 離婚後の監護法制 |
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| Research Abstract |
This study examined the legal status of step-relationship in Japan, especially using both socio-legal and comparative approaches. The analysis suggests some limitations of the Japanese law system in serving the interests of children through the dynamic changes of family relationships following parental divorce, remarriage and redivorce. Under the current system, adoption is the only available means of conferring on stepparents a formal status as the children's carer. However, a strong pressure to conform to the model of standard marriage family, represented by one couple and "their children", is deeply rooted in the Japanese law as well as society. This pressure turns adoption into no more than an accessory to parental remarriage. If we attempt to explore this issue further for the purpose of considering a desirable form of the law system on stepfamilies, it should be helpful if we tackle the question of how far and in what way the standard marriage family model can step back.
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